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Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2,7-15 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 2 the “and/or” limitations throughout the claim render it confusing and unclear.
Regarding claim 7 it is unclear what the difference is between the pressure chamber claimed in claim 5 and the first and second pressure chambers claimed here.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102a1 as being anticipated by the U.S. Publication to Maneyama et al. 2009/0084647.
Regarding claim 1, as broadly claimed Maneyama shows in figures 2,3 and 6:
A vibration damper for a motor vehicle, comprising: a damper tube 11,12, and a working piston 24 which is arranged axially movably within the damper tube and divides an interior space of the damper tube into a working space 12A on a piston rod side and a working space 12B remote from the piston rod, wherein the working piston comprises a main piston 24, a first additional piston 141, and a second additional piston 91, wherein the additional pistons each comprise an additional valve device 140, 150, and wherein the additional pistons are connected fluidically to one another via a flow channel 60.
Regarding claim 2, as broadly claimed (and as best understood), Maneyama shows that the main piston 14 comprises a main valve device 33,34 and/or a main flow channel, and the flow channel is arranged hydraulically parallel to the main valve device and/or the main flow channel.
Regarding claim 3, as broadly claimed, Maneyama shows that the flow channel 60 comprises a flow passage 132A which opens into the first additional piston for the inlet of hydraulic fluid, and wherein the flow channel 60 comprises a further flow passage 82A which opens into the second additional piston for the inlet of hydraulic fluid.
Regarding claim 4, as broadly claimed, Maneyama shows that each additional valve device each 140,150 comprises a fluid inlet 82B, 132B for the inlet of hydraulic fluid into the additional valve device, wherein each additional piston comprises a fluid outlet 120,70 for the outlet of hydraulic fluid from the additional piston, and wherein the fluid inlet of the first additional valve device is ‘connected fluidically’, as broadly claimed, by the flow channel 60 to the fluid outlet of the second additional piston.
Regarding claim 5, as broadly claimed, Maneyama shows that the additional valve devices each comprise:
an additional valve body 52,83,102 and an additional valve piston 141,91 which is movable axially relative to the former, and an additional valve disc assembly 137,87 which interacts with the additional valve piston, wherein the additional valve device comprises a preloading system 135,85 for loading the additional valve disc assembly 137,87 with a preloading force, and wherein the preloading system comprises at least one pressure chamber 136B, 86B which has a variable volume.
Regarding claim 6, as broadly claimed, Maneyama shows that the preloading system comprises an orifice 143,93 for the inlet of hydraulic fluid into the pressure chamber.
Regarding claim 7, as broadly claimed, Maneyama shows that the preloading system comprises a first pressure chamber 136A,136B and a second pressure chamber 86A,86B.
Regarding claim 8, as broadly claimed, Maneyama shows that the first pressure chamber and a second pressure chamber are connected hydraulically in series with respect to one another.
Regarding claim 9, as broadly claimed, Maneyama shows that the preloading system comprises a first orifice 143 for the inlet of hydraulic fluid into the first pressure chamber 136B and a second orifice 93 for the inlet of hydraulic fluid into the second pressure chamber 86B.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maneyama in view of the U.S. Publication to Deferme U.S. 2005/0056505.
Regarding claim 10 Maneyama lacks showing a difference in the cross sectional areas between the orifices 143 and 93.
The reference to Deferme shows a piston valving system in figure 2 and indicates in claim 9 that it is known to use fluid passages having different cross sectional areas.
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have made the cross sectional areas of the orifices 143 and 93 different (one greater one smaller) simply dependent upon the damping characteristics desired from the damper dependent upon piston speed.
Allowable Subject Matter
Claims 11-15 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P SCHWARTZ whose telephone number is (571)272-7123. The examiner can normally be reached 10:00 A.M.-7:00P.M..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rob Siconolfi can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER P SCHWARTZ/ Primary Examiner, Art Unit 3616
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